Category Archives: Personal Injury

Florida state officials aim to strengthen texting while driving law

Screen Shot 2015-09-18 at 4.23.38 PMWritten by: Michaella Radich

Florida senator Maria Sachs, democrat of Delray Beach, and Florida representative Richard Stark, democrat of Weston, filed bills in September and August, respectively, suggesting that fines for texting while driving in school zones should be doubled. Sachs and Stark both filed bills earlier this year that aimed to change texting while driving from a secondary offense to a primary offense. These bills, however, died without making it to the floor in either the house or senate.

The current Florida state law on texting and driving says that a driver can only be ticketed for texting while driving if they were pulled over for violating another traffic law. In this case, the driver is fined $30 for their first offense and $60 for their second offense.

Florida is one of only eight states that have no laws specifically restricting texting or talking on a cell phone while driving. In 10 states and Washington D.C., using a cell phone, for any reason, is prohibited for drivers of all ages.

Texting behind the wheel makes a crash up to 23 times more likely. Of drivers ages 18-20 who were involved in auto accidents, 13% say they were talking on the phone or texting when the accident occurred. Of new drivers ages 16-17, 52% admit to talking on the phone while driving and 34% admit to texting while driving.

Young drivers are not the only ones distracted by their phone while behind the wheel. In fact, 27% of adults say that they have texted while driving and 48% of children 12-17 years old have been in the car while the driver was using his or her cell phone.

While the new bills proposed by Sachs and Stark would apply only to school zones, the bill’s passing would be a step in the right direction for Florida’s policy on cell phone use while driving. If you or a loved one are involved in an auto accident, contact us at (888) 973-2776 to schedule a free consultation and speak with one of our trusted personal injury attorneys today!

Sources

Posted in Blog, Personal Injury | Leave a comment

Back to School | Safety Tips

Screen Shot 2015-09-11 at 10.41.42 AMThe start of the school year means more school buses, pedestrians, and bike riders, and a general increase in traffic, especially in the early morning and afternoon. We at Blick Law Firm want to provide you with some important safety tips to ensure that you and your child get to and from school as safely as possible.

 Bus Riding
Riding the school bus is the safest mode of transportation for schoolchildren. Unfortunately most accidents involving school buses occur because children entering, exiting, or waiting on the bus don’t take proper safety precautions. To keep your child safe this school year, remind them to:

  • Stay a safe distance of 10 giant steps away from the bus
  • Wait for the bus to stop completely before approaching it
  • Take notice of the traffic around the bus
  • Wait to cross the street until the driver signals you
  • Use hand rails when getting on and off the bus
  • Keep head, hands, and arms inside the bus at all times

Walking and Biking
Walking and biking are great alternatives to riding the school bus. When proper safety Screen Shot 2015-09-11 at 10.40.52 AMprecautions are taken, walking or riding a bike to school encourages students to stay physically active and get outside. To help determine the safest route for you or your child to walk or bike to school, visit saferoutesinfo.org, the National Center for Safe Routes to School’s website. We have also provided some general guidelines for staying safe when walking or riding a bike to school.

  • Look both ways for traffic at all driveways and intersections
  • Walk on sidewalks whenever possible
  • Walk facing oncoming traffic when no sidewalk is available
  • Ride bike in the bike lane or paved shoulder of the road whenever possible, if neither is available
  • Ride bike with the flow of traffic
  • Obey traffic signs and signals
  • Make eye contact with drives when crossing at crosswalks
  • Be mindful of anything on the road or sidewalk that could cause you to swerve or fall
  • Watch for turning traffic
  • Wear reflective gear
  • Do not use cellphone or wear earbuds

Driving
The beginning and end of the day can get very hectic in school parking lots. Most schools develop their own systems for parking, picking up, and dropping off. Strictly abide by the school’s procedures to ensure that your child and the other students are safe.

  • Don’t stop or park in crosswalks
  • Use extra caution in parking lots, school zones, and residential areas
  • Drop off and pick up children in the school’s designated area, rather than a less crowded, nearby location
  • Do not tailgate school buses
  • Stop for all stopped buses
  • Do not use cell phone while driving

As always, Blick Law Firm has your best interest and personal safety in mind. Should you or your child be injured this school year, we are to help. Contact us at (888) 973-2776 to schedule a free consultation and speak with one of our trusted personal injury attorneys today!

Posted in Blog, Personal Injury | Leave a comment

Wrongful Death

Screen Shot 2015-07-27 at 10.54.05 AMBy: Moneer Kheireddine

Wrongful death — I’m sure everyone has heard this term, but what exactly does wrongful death entail, and how do you know if a passing in your family was due to a wrongful death instance? We here at Blick Law firm wish to help clarify what exactly wrongful death means and how to know when it occurs to you or someone you know.

To begin, wrongful death occurs when someone is killed due to the misconduct or negligence of another. The surviving members of the victim’s family are then able to sue for “wrongful death.” Generally, wrongful death lawsuits occur after a criminal trial, and while they use the same evidence, the required standard of proof is much less than a normal case. A lawsuit for wrongful death may only be performed by the personal representative of the decedent’s estate.

However, in order to present a successful wrongful death case, the following requirements are to be considered:

  • the death of a human being
  • Medical malpractice that results in decedent’s death;
  • Automobile or airplane accident; -
  • Caused by another’s negligence, or with intent to cause harm; The survival of family members who are suffering monetary injury as a result of the death, and;
  • The appointment of a personal representative for the decedent’s estate.
  • exposure to hazardous conditions or substances;
  • Medical malpractice that results in decedent’s death;
  • Criminal behavior
  • Death during a supervised activity

As you can tell, it’s not as simple as filing the lawsuit. There are many aspects that come into play when filing a wrongful death claim, but remember that by understanding what wrongful death is you can properly file for it when the time comes. If a loved one passes due to the negligence of another or if you have general questions regarding wrongful death or other personal injury issues give us a call today at 813-931-0840 to schedule a free consultation.

Posted in Blog, Personal Injury | Leave a comment

Invokana | Prescription Drug | Product Liability

By: Moneer Kheireddine

Screen Shot 2015-07-13 at 10.14.48 PMIn the world of law, there is always a new and expanding project expanding that hopes to help as many people as possible who are affected by something they were unaware to harm them. This week, we here at Blick Law Firm are here to introduce to you a new mass tort project which involves the prescription drug Invokana as well as many other drugs in the SGLT2 inhibitor class.

Invokana, which is the first in a new class of frontline treatments for type 2 diabetes, was approved in 2013 and although originally successful by blocking the absorption of glucose in the kidneys, has now been found to develop diabetic ketoacidosis. Diabetic ketoacidosis is a serious condition which results in strokes, pulmonary edema, cardiac dysthermia heart attacks, cerebral edema and many other dangerous effects including death.

Recently, the FDA noticed the serious health implications of the drug and has issued a warning regarding the serious side effects of using Invokana. After learning of the issues surrounding the drug, the pharmaceutical litigation team at Morgan & Morgan began investigation possible product liability claims, and is currently in the process of sustaining a tort project using highly experienced experts from several fields including cardiology and endocrinology. They have developed a theory of liability that is planned to be very successful in assisting those who suffered from the drug.

We here at Blick Law Firm are reaching out to you, both our clients and readers, to look for those in your lives suffering from type 2 diabetes and to reach out to them and let them know about the side effects of this drug. Inform them of the consequences that may be associated with it, and ensure that if they have been taking the drug that the reach out to us here at Blick Law Firm at 813-931-0840 so that we may put them in contact with men and women who are able to assist them in claiming liability. It is up to you to help ensure that no one else suffers due to this drug and its dangerous health implications, and by doing so you could possibly be saving the lives of families all over the Tampa Bay area.

Posted in Blog, Personal Injury | Leave a comment

Personal Injury Attorney | Tampa Bay Lawyer

2015-06-29_01h16_34Personal injury is a legal issue and frequent occurrence that could happen to anyone at any given moment. This is why it is imperative that everyone remain informed and knowledgeable on various aspects of personal injury defense and how it works. Every day, more and more people are injured who are not at fault, and aren’t exactly sure what to do. That is why we here at Blick Law Firm are going through some of the basics on our website covering topics such as: personal injury, what it means, and how it may or may not impact your life.

In the simplest of terms, Personal Injury cases are legal disputes that occur when one person suffers an injury or harm, and another person may be legally responsible for it. In order for a case to become formalized, it must go through a civil court proceeding that essentially attempts to find others legally at fault through the court. However, before a lawsuit is filed, it is very common for disputes such as this to be handled through informal “settlements”. These settlements typically involve negotiations and a written agreement signed by both sides that agrees on resolving the issue through a monetary amount.

While most forms of law use statues as governing rules, most of personal injury law isn’t actually within statutes. Most of its development occurs through court decisions. However, another important aspect of personal law not set forth by court decisions is the statute of limitations. Statutes of limitations are set by state laws and they determine how long you have after the original incident or discovery of the injury to file your lawsuit.

Now, while there are various aspects to Personal Injury law, if you or someone you know ever have any questions, or would like a free consultation in regards to a Personal Injury case, we highly encourage you to reach us at 813-931-0840.

Posted in Blog, Personal Injury | Leave a comment

Amusement Park Safety | Summer Safety

While the summer is a great time for hitting the beaches, hanging out with friends, and dusting off your year passes and finally putting them to use at the various theme parks, it’s also a time to refresh your memory of some of the dangers that exist at these various theme parks. While these places are built so that you and your family can enjoy various rides and attractions, it’s always a smart idea to practice several of these safety tips to ensure that you and your family can enjoy your time in the summer without exposing yourself to many of the dangers that can occur.

1. Understand What You Can & Cannot Handle: Make sure to read every attractions restrictions and warning before boarding. If you are pregnant, have a heart condition, or have a history of back pains/injuries, you will not be able to ride some rides. Also, if you are too short, you also will not be able to board the rides. Take all of these factors into consideration before deciding to wait in line for a ride you may not be able to actually experience.
2. Stay Aware: Theme parks can be dangerous places both on the attractions and off. The walking around can be just as dangerous as some of the rides, so make sure to keep an eye on your children at all time to ensure they don’t get lost in the crowd, make sure you are walking at the correct pace to continue with the flow of traffic and that you are not blocking anyones way.
3. Keep Yourself Cool: Many people will return from their trips to several theme parks with severe burns and possibly even heat exhaustion. Stay hydrated with water (sugary drinks should be avoided) and make sure to spray or apply waterproof sunscreen to keep both you and your family safe.
4. Keep Your Children Educated: Before entering any ride with your children, make sure to educate them on the ride and what’s in store for them. Make sure they understand the proper safety mechanics and know how to recognize danger within the ride to minimize risk. If your children is distressed, do NOT force them onto the ride. Simply wait and calm them down while allowing other people in the line to move ahead.
5. Keep Your Head On: While theme parks can be fun, always remember that they can also be extremely stressful, especially on the one in charge. Ensuring people have fun isn’t as fun as it sounds. Children can’t keep up with an adults pace, especially in the summer heat, so if you have some with you, make sure to take breaks! Cranky children are sure to make you cranky as well, and doesn’t make for an enjoyable time. Several breaks spread out throughout the day can help your entire family remain sane and happy.

Remember, keep these tips in mind to be safe, but also remember to have a great time, as the point of these outings is to have fun. Theme park attendance can be a rollercoaster of a time, but the memories you make will outlive the headaches you earn. Stay safe, stay cool, and stay happy!

Posted in Blog, Personal Injury | Leave a comment